Ex parte BASINSKI et al. - Page 9


                 Appeal No. 1999-1676                                                                                    
                 Application No. 08/452,228                                                                              
                 Claims 3-8:                                                                                             
                        According to the examiner (Answer, page 5):                                                      
                                       Zhang et al. do not teach to place the cDNA encoding                              
                                the obese gene into a vector, transfect host cells with the                              
                                vector, and produce the encoded obese gene protein.                                      
                                However, it is art-recognized to use recombinant methods to                              
                                produce large quantities of proteins for pharmaceutical                                  
                                purposes, for example.                                                                   
                                       Martial et al. is an exemplary teaching for using                                 
                                recombinant techniques to make large quantities of protein.                              
                        Martial, however, fails to make up for the deficiencies in Zhang as discussed,                   
                 supra.  Accordingly, we reverse the rejection of claims 3-8 under                                       
                 35 U.S.C. § 103, as being unpatentable over Zhang in view of Martial.                                   
                                                     REVERSED                                                            



                                       Sherman D. Winters          )                                                     
                                       Administrative Patent Judge        )                                              
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                                                                          )                                              
                                                                          ) BOARD OF PATENT                              
                                       William F. Smith                  )                                              
                                       Administrative Patent Judge        )   APPEALS AND                                
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                                                                          ) INTERFERENCES                                
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                                       Donald E. Adams                    )                                              
                                       Administrative Patent Judge        )                                              










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